Is Kidnapping a Felony or a Misdemeanor in California?

Even cases of simple kidnapping that involve no additional crime and no physical injury to the victim are classified as felonies in California. That classification is important not only because it signifies a crime with a more severe sentence compared to a misdemeanor, but also because having a felony on your criminal record tends to have a more significant impact compared to a misdemeanor. One of the benefits of having a kidnapping and abduction defense attorney in Los Angeles, CA, on your side is that your lawyer can evaluate the case against you. If appropriate to the circumstances, your lawyer could potentially seek a lesser charge, like false imprisonment or deprivation of a child custody order (both of which may be charged as either misdemeanors or felonies), through a plea bargain.

How Can a Los Angeles Kidnapping Lawyer Defend Me Against These Charges?

A skilled kidnapping and abduction defense attorney in Los Angeles, CA, may turn to any number of legal strategies to defend clients charged with this offense. Which legal defenses may apply to your case depends on the specific facts of your situation and the evidence that exists to support arguments in your favor. Potential defenses may include: The charges arose out of false accusations or mistaken identities. The alleged victim gave consent to the movement and willingly accompanied the alleged kidnapper. The alleged perpetrator had a reasonable, good-faith belief that the victim consented to the movement. The person accused of the crime was merely present and did not participate in the act of kidnapping the victim. The perpetrator was a custodial parent who had a legal right to travel with their child (the alleged victim), even without the other parent’s consent. The alleged kidnapping was, in fact, an exception permitted under state law in which the perpetrator was protecting the victim (especially a child) from imminent danger or making a legal citizen’s arrest. The movement of the victim was not sufficient to constitute kidnapping under state law. The evidence in the prosecution’s case against the defendant is insufficient to prove guilt beyond a reasonable doubt. Only a Los Angeles kidnapping lawyer who is familiar with the unique details of your circumstances can advise you on the defense strategy that best fits your situation.

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Kidnapping and Abduction Defense Attorney in Los Angeles, CA, Fight for the Rights of the Accused in Los Angeles County, Orange County, Ventura County, and Throughout Southern California

No matter what the circumstances are, if you’re facing charges of kidnapping or abduction in L.A., you are in serious legal trouble. The State of California punishes this crime with significant jail time.

Let a kidnapping defense lawyer at the Law Offices of Christopher Chaney fight this battle for you. The combination of a commitment to protect your rights and a strong defense strategy can put you on the path toward a more favorable resolution of this serious criminal matter. Contact us today for a confidential consultation at no cost.

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Kidnapping Charges in Los Angeles, CA

Under California law, numerous types of offenses and incidents can constitute kidnapping. A violent seizure in which a victim is beaten while being forcibly dragged into a vehicle counts as kidnapping. So do instances in which the perpetrator persuaded the victim to go with them without force, and no one got hurt.

Because of this variance, those charged with kidnapping in the Los Angeles area may have a lot of questions about what they’re being accused of and what the consequences are. A California kidnapping abuse lawyer can help clarify the charges against you and what to expect from the legal process.

California Kidnapping Crimes and Penalties

Section 207 of the California Penal Code establishes the crime of kidnapping at the state level, as well as the sentences that correspond to kidnapping crimes.

The legal definition of kidnapping in L.A., California, encompasses virtually any offense that involves taking a human victim to another place against their will or under false pretenses or, in the case of child victims, without the permission of the minor’s parents.

An offense may constitute kidnapping if the defendant takes the victim to any of the following:

Another country
Another state
Another county
Elsewhere in the same county

Among victims of all ages, actions that may constitute kidnapping of the victim include:

Arresting
Detaining
Holding
Taking
Stealing

Kidnapping crimes against children under 14 years old may involve the following actions:

Enticing
Persuading, especially with misrepresentations and false promises
Hiring, especially under false pretenses
Physically carrying the child a substantial distance

Kidnapping is often performed in conjunction with other crimes. California law specifically recognizes as a kidnapping crime the taking of a person out of the state by force, against their will, or under false pretenses for the purpose of selling the victim into slavery or servitude or keeping the victim for themselves as a source of forced labor.

In this situation, the mechanism of taking the victim may include:

Arresting
Detaining
Holding
Taking
Stealing
Enticing
Persuading, especially with misrepresentations and false promises
Hiring, especially under false pretenses

In the course of committing a kidnapping crime, an offender may use one or more of the following methods:

Physical force, including physically restraining, dragging, or beating the victim
Threats or fear, including holding the victim at knifepoint or gunpoint
Fraud or deception to persuade the victim to accompany the offender

The least severe form of kidnapping crime in California, simple kidnapping, is punishable by prison sentences of three, five, or eight years under California Penal Code 207.

If the victim was under age 14, even if no other crime occurred besides the abduction, the alleged kidnapper could face prison terms of five, eight, or 11 years.

If the abduction took place while the offender was committing another crime or for the purpose of committing another crime, the accused may face charges of aggravated kidnapping under Section 209 of the California Penal Code. Examples of such crimes include:

Ransom
Extortion
Robbery
Rape
Oral copulation
Sodomy

Under this statute, aggravated kidnapping charges can also result when the victim died, suffered physical harm, or was “intentionally confined” in such a way that they were left vulnerable to “a substantial likelihood of death.”

On charges of aggravated kidnapping in California, you could be facing life in prison, with or without the possibility of parole.

Although the penalties for kidnapping differ significantly depending on the circumstances of the abduction, the methods of taking the person, and whether harm came to the victim, these charges and their potential consequences are serious.

Areas Our Los Angeles Kidnapping Lawyer Serves

To defend against kidnapping charges in a California court, you’re going to want experienced legal professionals on your side. That’s where the Law Offices of Christopher Chaney come in. From our offices in Century City and Van Nuys, we represent clients throughout Los Angeles, including:

Central City
South L.A.
Northeast L.A.
Westside L.A.
Hollywood area
Harbor area
Beaches and airport area
San Fernando Valley
Crescenta Valley
Antelope Valley, Gateway Cities, San Gabriel Valley, South Bay, and the rest of Los Angeles County

California kidnapping law may also apply to defendants who abducted a victim outside of the state and were found to have brought the victim into the state. Even if you don’t live or work in L.A., you’re going to want an experienced Los Angeles kidnapping lawyer on your side to represent you in court proceedings in California and to help you understand your legal rights under CA law.

Contact a Los Angeles Kidnapping Lawyer Today at the Law Offices of Christopher Chaney for a Free, Confidential Consultation

Your freedom is on the line. It’s going to take skillful representation from a knowledgeable kidnapping defense lawyer in Los Angeles to ensure that your legal rights are protected and put together the most robust defense possible.

For help from a kidnapping criminal defense attorney in Los Angeles, CA, contact the Law Offices of Christopher Chaney online or call (310) 209-3999 today.

Kidnapping Charges Frequently Asked Questions (FAQS)

Even cases of simple kidnapping that involve no additional crime and no physical injury to the victim are classified as felonies in California. That classification is important not only because it signifies a crime with a more severe sentence compared to a misdemeanor, but also because having a felony on your criminal record tends to have a more significant impact compared to a misdemeanor.

One of the benefits of having a kidnapping and abduction defense attorney in Los Angeles, CA, on your side is that your lawyer can evaluate the case against you. If appropriate to the circumstances, your lawyer could potentially seek a lesser charge, like false imprisonment or deprivation of a child custody order (both of which may be charged as either misdemeanors or felonies), through a plea bargain.
A skilled kidnapping and abduction defense attorney in Los Angeles, CA, may turn to any number of legal strategies to defend clients charged with this offense. Which legal defenses may apply to your case depends on the specific facts of your situation and the evidence that exists to support arguments in your favor. Potential defenses may include:
The charges arose out of false accusations or mistaken identities.
The alleged victim gave consent to the movement and willingly accompanied the alleged kidnapper.
The alleged perpetrator had a reasonable, good-faith belief that the victim consented to the movement.
The person accused of the crime was merely present and did not participate in the act of kidnapping the victim.
The perpetrator was a custodial parent who had a legal right to travel with their child (the alleged victim), even without the other parent’s consent.
The alleged kidnapping was, in fact, an exception permitted under state law in which the perpetrator was protecting the victim (especially a child) from imminent danger or making a legal citizen’s arrest.
The movement of the victim was not sufficient to constitute kidnapping under state law.
The evidence in the prosecution’s case against the defendant is insufficient to prove guilt beyond a reasonable doubt.
Only a Los Angeles kidnapping lawyer who is familiar with the unique details of your circumstances can advise you on the defense strategy that best fits your situation.

Schedule Your Consultation

Regardless of your circumstance, you are not alone in your fight. We are ready to stand by your side and fight for your rights, freedom, and reputation. Contact us today to schedule a free remote or in-person consultation, and let us assist you in finding a solution to your problem.